Dismissal is a legally established process that must be carried out exclusively within the framework of the law.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
+7 (499) 110-56-12 (Moscow)
+7 (812) 317-50-97 (Saint Petersburg)
8 (800) 222-69-48 (Regions)
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
Any dismissal is associated with the termination of the employment agreement between the subjects, and therefore each of the parties to the contract is obliged to fulfill its obligations to each other. And one of these obligations of the employer is to pay the salary due to the employee within the time limits established by law.
Reasons for payment
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
+7 (499) 110-56-12 (Moscow)
+7 (812) 317-50-97 (Saint Petersburg)
8 (800) 222-69-48 (Regions)
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
Many people wonder whether an employee is entitled to payment upon dismissal? In what case is the salary not paid? Nowadays, many employees leave their jobs due to liquidation or on their own initiative. And disputes between the parties arise quite often. That is why it is worth paying attention to the time of departure and the procedure for terminating the employment relationship.
The Labor Code of the Russian Federation clearly states all the rights and obligations of each employee and employer. And the management is obliged to finally pay the person on the last day of fulfillment of labor obligations.
This is a mandatory measure that cannot be eliminated at the initiative of the company. Otherwise, the algorithm is violated, and penalties are imposed for this.
If this happens, then the subordinate has every right to go to court or the labor inspectorate to make a decision. The question of the timing of the calculation is regulated by Article 140 of the Labor Code of Russia. Every employee should know exactly what payments are due upon termination of the employment relationship.
You can collect and request funds for several periods in the form of:
- unused vacation period;
- time worked, salary;
- hours worked on official holidays.
It follows from this that money can be recovered for all of the above cases. And this can be claimed by every resigning employee, and not only upon liquidation of the organization. Employers are required to make all payments themselves. The main thing is to check the correctness of the mutual settlements.
https://youtu.be/ZeFBvsFNY20
Labor Code of the Russian Federation Article 140
In accordance with the presented article, the company undertakes to pay all amounts due to the employee. The final settlement is made during the last period of performance of labor duties.
If on this day the employee did not perform work duties, but the entire amount is paid no later than the next day from the date of filing the claim.
If there are disputes between the parties, the company undertakes to pay the undisputed amount. Payment terms are established based on the law, namely the Labor Code of Russia.
By the last day of work, the person in charge must prepare all the necessary documents for the transaction. And together with the issuance of a work book, the dismissed person receives a sheet where the amount to be received is stated.
Salaries can be paid either in cash or non-cash. Any delay regarding payments is punishable by penalties. And the entire amount is reimbursed to the victim as soon as possible.
Order
One of the easiest and simplest options for dismissal is the option of dismissal by agreement of the parties. With this option, the employee does not have to work the two weeks required by law, since the legitimacy of the employment contract ceases from the day the subject is dismissed.
To dismiss, it is enough to write a statement to the manager and indicate that the dismissal occurs by mutual consent without claims against each other. After signing the application, the enterprise issues an order and the resigning citizen receives a payslip and payments (according to the Labor Code)
Payment upon dismissal, terms
As mentioned earlier, dismissal is accompanied by final payments, which are regulated by Article 140 of the Labor Code of Russia. And this should happen during the last period of performance of labor duties. But what if the employee is absent during this period?
If it is missing, then the company cannot correctly make the payment in accordance with current legislation. That is why, Article 140 of the Labor Code provides for a process for behavior in such a situation.
In any case, the organization is obliged to make the final payment. But the operation can only be performed at the request of the person being dismissed. As soon as he arrives at the place of employment, he writes an application to conduct the process. Funds are transferred either in the same period or the next.
Vacation
Often employees apply for leave and then resign. This is their right, which is also regulated by the Labor Code of the Russian Federation. The calculation occurs when writing a vacation application - during the last working period and before going on vacation.
If this is a dismissal during the vacation period, then it occurs in the 14th period after writing the application.
As a rule, employees independently visit the employer to receive their salary. If this does not happen, then the employer must wait for the corresponding application.
Find out the full text of the order 2326 r dated November 1, 2020. What is indicated in the FMS order 321, paragraphs 8 and 9? The answer is here.
About drawing up a note-calculation
This is a special form, for drawing up and filling out which the T-61 form is used. It is compiled by an authorized person or an ordinary employee of the personnel department. The accounting employee is responsible for the calculation procedure itself.
The main page of the note contains the following information:
Filling out documents
- Company details.
- Information about the employee and the position he holds.
- Terms of the current employment contract.
- Hiring and firing dates.
The calculation takes into account absolutely all types of payments that are due to a particular person. This also applies to bonuses and allowances. The only exception is one-time payments.
Individual columns of the document are filled in:
- The third is devoted to the total amount assigned to a particular employee in accordance with working conditions, as well as average earnings.
- The fourth column is devoted to the number of days that were actually worked.
- The fifth is the number of hours that made up the billing period.
https://youtu.be/Am2Uf4jtlW0
Information on salary deductions is displayed separately. Their total amount should not exceed 20% of the due amount. But the amount can reach up to 50% if the deductions are related to an existing writ of execution based on a court decision.
If there is anything else left after standard deductions, then a separate writ of execution is drawn up before the future place of work is clarified. There are still amounts that can be recovered. For example, for vacation used, although some of the days were not worked. The main thing when dismissing is not to violate the employee’s rights, as well as legal requirements. Then the court will have no grounds for collecting additional compensation.
Top
Write your question in the form below
What to get if you quit voluntarily
You can receive payment on the basis of a dismissal order. This is a unified form that authorized personnel officers must adhere to. The dismissed person is required to pay compensation for unused vacation, wages and severance pay, if this is provided for in the collective agreement.
Salaries are calculated based on the tariff schedule and salary specified in the employment contract. All time actually worked from the beginning of the month is paid, including the last working period. But compensation for unused vacation depends on the average salary for the last year and the amount of unused time.
In accordance with Article 81 of the Labor Code, some employees are entitled to severance pay.
That is, payment for dismissal at the initiative of the employer:
- reduction of staff or number of employees;
- liquidation of the organization;
- a person’s refusal to move if necessary for work;
- refusal to transfer to another position;
- conscription for compulsory military service;
- recognition of a citizen as incompetent to perform labor duties.
Severance pay directly depends on the basis for termination of employment obligations. The payment amount is equal to the average salary per month, while other situations require payment within 14 days. If this is a reduction in staff or liquidation, then the person needs to pay benefits two months or before the period of employment
The final deadlines are specified in the current Labor Code. The last working period is the payment deadline. If this is a shift schedule or irregular, then the person must come on the specified day to receive the final settlement in order to avoid problems in the future.
Comments on the article
Thus, legal expert Petrov A., who studies personnel production, in his scientific work published in a scientific journal, explains: when using the Labor Code in terms of Art. 140 must also be additionally guided by Article 14 of the Labor Code of the Russian Federation.
It turns out that according to the current rules, the last day of validity of the employment agreement between the entities is the day when the employee must receive all compensation payments from his employer. At the same time, the author calls the last day of validity of the employment contract the day when the employee last went to work.
In this case, wages and other payments upon dismissal can be made on the day following the day on which the employee submitted a request for dismissal.
Petrov A. draws attention to the fact that when determining the deadline for calculation, one must also be guided by Article 14 of the Labor Code of the Russian Federation, which states that if the last day of the agreement’s validity falls on a non-working day, then the day of termination of its validity is the first working day.
The author emphasizes that in this case, it is possible to issue the employee’s salary not on the last working day (subject to termination of the contract on a holiday or day off), but on the first working day. The employee cannot make claims against the employer.
- When the term of the employment contract expires, the employee must be given the entire amount of funds required by law. Such payments include: wages for the reporting period and wages for previous periods, if there is arrears; fine for late payment of wages; compensation for unused vacation, etc. Do not forget that upon dismissal, the employer is also obliged to provide the employee with severance pay, as well as other payments that were stipulated by the contract or collective agreement upon dismissal. In this case, the deadline for making such payments is the day on which such employee was dismissed. And he had to be fired on the last day of his work.
- A situation may arise when an employee was absent on the last official day of his work, for example, on sick leave, then the employer cannot make payments on that day. And even if the reasons for the employee’s absence were valid, the employer has no legal grounds to pay wages to such an employee. The calculation must be made no later than the next working day after the employee himself submits a request for payment;
- if the employer and employee cannot decide what amount needs to be paid out from the cash register or transferred to the account, then within the specified time frame it is necessary to pay only the amount within which both parties agreed. The disputed portion of the amount should not be released until a compromise is reached.
Let's consider another third approach to Art. 140 TC, which is based on the following standards:
- In recent years, the right of an employee to receive all his earned money on the day when such an employee last went to work has been actively violated. And this is due to the fact that each employer interprets the rules related to determining the day of termination of an employment contract in its own way. For some reason, many employers believe that an employee must go and get his pay slip and sign a bypass slip even after dismissal. But this is absolutely wrong. The day of dismissal must be the employee's last day of work. And on this day they are required to give him a pay slip and money.
- If the deadline for dismissal according to current standards can be postponed to another day, then it is also possible to postpone the payment deadlines. This situation concerns the moment when the day of dismissal of an employee is considered a non-working day. In this case, it is permissible to make the payment on the first working day after the day of dismissal, if the day of dismissal falls on a weekend or holiday.
- Violation of payment deadlines upon dismissal should entail penalties for the employer. In this case, the employee, in accordance with Art. 236 of the Labor Code is obliged to receive not only legally due payments in the form of wages and severance pay, but also in the form of interest accrued for late payment. Interest must be accrued for each day of delay, starting from the next day after the day on which such payments should have been transferred to the card or issued from the company’s cash desk
Controversial situation
Not all payment issues can be resolved without problems. It often happens that disputes arise when an employment relationship is broken. And the Labor Code can become the basis for resolving a conflict situation.
Clear frameworks are also established by other legal acts. That is, payment must be made per day. The employer satisfies the request either on the day of writing or the next day. The undisputed amount is paid in full on the day the relationship ends.
The balance may be paid at the time of settlement of the dispute.
Payment of the disputed amount can only be made after an accurate check has been carried out and the correct payment to the dismissed person has been established.
